Representatives Edcel C. Lagman et al vs Hon. Salvador Medialdea Executive Secretary, et al. (GR NO.

231658)

Eufemia Campos Cullamat, et al vs President Rodrigo Duterte, Exec. Sec Salvador Medialdea, et al. (GR
NO. 231771)

Norkaya S. Mohamad, et al vs Exec. Sec Salvador Medialdea, et al (GR NO. 231774)

PROMULGATED: JULY 4, 2017

PONENTE: J. DEL CASTILLO

FACTS:

Effective May 23, 2017, and for a period not exceeding 60 days, President Rodrigo Roa Duterte
issued Proclamation No. 216 declaring a state of martial law and suspending the privilege of writ of habeas
corpus in whole Mindanao.

Within the timeline set by Sec 18, Art VII of the Constitution [48 hrs from proclamation], the
President submitted to Congress on May 25, 2017, a written Report on the factual basis of Proclamation
No. 216.

The report pointed out that for decades, Mindanao has been plagued with rebellion and lawless
violence which only escalated and worsened with the passing time. The President went to explain that on
May 23, a government operation to capture the high ranking officers of the Abu Sayaff Group (ASG) and
the Maute Group was conducted. These groups, which have been unleashing havoc in Mindanao,
however, confronted the government operation by intensifying their efforts at sourcing violence aimed
not only against the government authorities and its facilities but likewise against civilians and their
properties.

The unfolding of these events, as well as the classified reports, the President led to conclude that
these activities constitute not simply as a display of force, but a clear attempt to establish the groups seat
of power in Marawi City for their planned establishment of DAESH wilayat or province covering the entire
Mindanao.

That there exists no doubt that lawless armed groups are attempting to deprive the President of
his power, authority, and prerogatives within Marawi City as a precedent to spreading their control over
the entire Mindanao, in an attempt to undermine his control over the executive department, bureaus,
and offices in said area; defeat his mandate to ensure that all laws are faithfully executed; and remove his
supervisory powers over local government.

In addition to the Report, representatives from the Executive Department, the military and police
authorities conducted briefings with the Senate and the House of Representatives relative to the
declaration of martial law.

After the submission of the Report and the briefings, both houses of the Congress expressed its
full support to the martial law proclamation and finds no reason to revoke Proclamation No. 216.
Arguments/petitions

1. GR NO. 231658 (LAGMAN PETITION Petition Under the Third Paragraph of Sec. 18 of Art VII of
the 1987 Constitution)
a. No sufficient factual basis because:
- No rebellion or invasion in Marawi or any part of Mindanao
- Acts of terrorism does not constitute rebellion
- Flying of ISIS flag is a mere propaganda and not an open attempt to remove such areas
from allegiance to the Philippine Government
- Maute is a mere private army
- Representatives of defense authorities and military did not admit or deny the presence
of an ISIS threat but merely gives an evasive answer
- Maute Groups armed resistance was merely to shield Hapilon and the Maute brothers
from government forces and not to lay siege on Marawi
- Only a threat of rebellion akin to imminent danger
b. Presidents Report contained false, inaccurate, contrived, and hyperbolic accounts
- Based on online reports vs report of the President
c. President mistakenly included attacks which took place long before the conflict in Marawi
began and had long been resolved, or with culprits having already arrested
d. President acted alone and did not consult the military establishment or any ranking officials
before making the proclamation
e. Military was successful in pre-empting the ASG and the Maute Group
- No MILF and foreign fighters allied with ISIS

2. GR NO. 231771 (CULLAMAT PETITION)

a. Lack of sufficient basis that there is rebellion in Mindanao and that the public safety requires
it as according to Sec 18 Art VII of the Constitution.
b. Phrase other rebel groups in the last whereas clause of Proclamation No. 216 being vague
as it failed to identify these rebel groups and specify the acts of rebellion that they were
supposedly waging.
c. Presidents Report contained false information

3. GR NO. 231774 (MOHAMAD PETITION - Petition for Review of the Sufficiency of the Factual Basis
of the Declaration of Martial Law and the Suspension of the Privilege of the Writ of Habeas Corpus)
a. Martial law is a measure of last resort and should be invoked by the President only after the
exhaustion of less severe remedies
-extraordinary powers must be exercised sequentially and that the President has no discretion
which power to use (1st: calling out power, 2nd: suspension of privilege of writ of habeas
corpus, 3rd: declaration of martial law)

b. Lack of sufficient or factual basis

c. intent to establish an Islamic State are conclusions bereft of substantiation

Consolidated Comment of the OSG:

a. The OSG suggests that the "appropriate proceeding" referred to in Section 18, Article VII may be
availed of using the vehicle, mode or remedy of a certiorari petition, either under Section 1 or 5,
of Article VIII (based on grave abuse of discretion)

b. Review power is not mandatory, but discretionary only, on the part of the Court.

c. Burden of proof lies with the petitioners (government actions are presumed constitutional

d. Facts to be considered in determining the sufficiency for declaration must those information or
data available to the President prior to or at the time of the declaration

e. President does not need the recommendation of Defense Sec or other military officials

ISSUES:

1. WON the petitioners docketed as GR Nos. 231658, 231771, 231774 are appropriate proceeding
covered by Par 3 Sec 18, Art VII of the Constitution sufficient to invoke the mode of review
required by the Supreme Court when a declaration of martial law or the suspension of the
privilege of writ of habeas corpus is promulgated;
2. WON the President in declaring Martial Law and suspending the privilege of writ of habeas corpus:
a. Is required to be factually correct or only not arbitrary on his appreciation of facts;
b. Is required to obtain the favorable recommendation thereon of the Secretary of
National Defense;
c. Is required to take into account only the situation at the time of the proclamation,
even if subsequent events prove the situation to have not been accurately reported;
3. WON the power of SC to review the sufficiency of the factual basis of the proclamation of martial
law or the suspension of the privilege of the writ of habeas corpus is independent of the actual
actions that have been taken by Congress jointly or separately;
4. WON there were sufficient factual basis for the proclamation of martial law or the suspension of
the privilege of writ of habeas corpus;
a. What are the parameters for review?
b. Who has the burden of proof?
c. What is the threshold of evidence?
5. Whether the exercise of the power of judicial review by the SC involves the calibration of
graduated powers granted the President as Commander-in-Chief, namely the calling out powers,
suspension of the privilege of writ of habeas corpus, and declaration of martial law;
6. WON Proclamation No. 216 of 23 May 2017 may be considered vague and thus null and void;
a. With its inclusion of other rebel groups or
b. Since it has no guidelines specifying its actual operational parameters within entire
Mindanao region;
7. WON the armed hostilities mention in Proclamation No. 216 and in the Report of the President to
Congress are sufficient bases:
a. For the existence of actual rebellion; or
 b. For a declaration of martial law or the suspension of the privilege of writ of habeas corpus
in the entire Mindanao region;
8. WON terrorism or acts attributable to terrorism are equivalent to actual rebellion and the
requirements of public safety sufficient to declare martial law or suspend the privilege of the writ
of habeas corpus; and
9. WON nullifying Proclamation No. 216 of 23 May 2017 will:
a. Have the effect of recalling Proclamation No. 55 s. 2016 (Declaration of State of National
Emergency on account of Lawless Violence in Mindanao) or;
b. Also nullify the acts of the President in calling out the armed forces to quell lawless
violence in Marawi and other parts of the Mindanao region.

RULING:

Locus Standi

Petitioners has Locus Standi

The only requisite for standing to challenge the validity of the suspension under Sec 18 Art VII of the
Constitution is that the challenger be a CITIZEN. He need not even be a taxpayer

Cullamat suing in their capacities as citizen of the Republic

Mohamad suing in behalf of Filipino citizens, all women, all of legal age and residents of Marawi City

Lagman did not categorically mention suing as citizens but merely referred as duly elected
Representatives (However, HOR declared its full support to the declaration of martial law, filing a petition
challenging the sufficiency of factual basis of such declaration is a direct contrast to the view of the HOR wherein
they are members.

SC exercised judicial restraint, due to transcendental issued involved and the respondents did not question petitioners
legal standing.)

1. WON the petitioners docketed as GR Nos. 231658, 231771,

231774 are appropriate proceeding covered by Par 3 Sec 18,
Art VII of the Constitution sufficient to invoke the mode of
review required by the Supreme Court when a declaration of
martial law or the suspension of the privilege of writ of habeas
corpus is promulgated;

YES. Jurisdiction of SC under the 3rd Par. of Sec 18, Art VII is SUI GENERIS. It is SPECIAL AND SPECIFIC
jurisdiction of the SC different from those enumerated in Sec 1 and 5 of Art VIII.

It could not have been the intention of the framers of the Constitution that the phrase in an
appropriate proceeding would refer to a Petition for Certiorari pursuant to Sec 1 or 5 of Art VIII. The
standard if review in a petition for certiorari is whether the respondent has committed only grave abuse
if discretion amounting to lack or excess of jurisdiction in the performance of his or her functions. Thus, it
is not the proper tool to review the sufficiency of the factual basis of the proclamation or suspension.
 It must be emphasized that under Sec. 18, Art VII, the SC is tasked to review sufficiency of the
factual basis of the Presidents exercise of emergency powers. Put differently, if this Court applies the
standard review used in a petition for certiorari, the same would emasculate its constitutional task under
Sec 18, Art VII.
SC abandons the Ruling in Garcia-Padilla vs Enrile that the constitutional power of the President to suspend
the privilege of the writ of habeas corpus is not subject to judicial inquiry and constitutionalized and revert to the
Lansang Doctrine to wit: the factual basis of the declaration of martial law or the suspension of the privilege of the
writ of habeas corpus is not a political question but precisely within the ambit of judicial review.

Why it is Sui Generis

a. Different rule on Locus standi

b. Limits the issue on the sufficiency of factual basis of the President in the exercise of emergency
power
c. Different prescriptive period in filing and limited period to decide
d. No prescribed form (it can be a petition, complaint or a matter)

2. WON the President in declaring Martial Law and suspending

the privilege of writ of habeas corpus:

a.Is required to be factually correct or only not arbitrary on his

appreciation of facts;

NO. In determining the sufficiency of the factual basis of the declaration and/or the suspension,
the Court should look into the full complement or totality of the factual basis, and not piecemeal or
individually. Neither should the Court expect absolute correctness of the facts stated in the proclamation
and in the written Report as the President could not be expected to verify the accuracy and veracity of all
facts reported to him due to the urgency of the situation. To require precision in the President's
appreciation of facts would unduly burden him and therefore impede the process of his decision-making.
Such a requirement will practically necessitate the President to be on the ground to confirm the
correctness of the reports submitted to him within a period that only the circumstances obtaining would
be able to dictate.

The alleged false and/or inaccurate statements are just pieces and parcels of the Report; along
with alleged false data is an arsenal of other independent facts showing that more likely than not, actual
rebellion exists, and public safety requires the declaration of martial law or suspension of writ of habeas
corpus.

After all, the Courts Review is confined to SUFFICIENCY, NOT ACCURACY of the information at
hand during the declaration or suspension.
The so-called counter evidence were derived solely from unverified news articles on the internet, with neither the
authors nor the sources shown to have affirmed the contents thereof. It was not even shown that efforts were made
to secure such affirmation albeit the circumstances proved futile. (merely hearsay)
b.Is required to obtain the favorable recommendation thereon of
the Secretary of National Defense;

NO. Recommendation of, or consultation with the Secretary of National Defense, or other high
ranking military officials, is NOT a condition for the President to declare martial law. A plain reading of Sec
18 Art VII is not subject to any condition except for the requirements of actual invasion or rebellion and
that public safety requires it.

Besides, it would be contrary to common sense if the decision of the President is made dependent
on the recommendation of his mere alter ego.

c. Is required to take into account only the situation at the time

of the proclamation, even if subsequent events prove the
situation to have not been accurately reported;

YES. Since the exercise of these powers is a judgment call of the President, the determination of
the Court as to whether there is sufficient factual basis for the exercise of the power to declare martial
law and/or suspend the privilege of the writ of habeas corpus, must be based only on facts or information
known by or available to the President at the time he made the declaration or suspension which facts or
information are found in the proclamation as well as the written Report submitted by him to Congress.
These may be based on the situation existing at the time the declaration was made or past events. As to
how far the past events should be from the present depends on the President.

3.WON the power of SC to review the sufficiency of the factual

basis of the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus is independent of the actual
actions that have been taken by Congress jointly or separately;

YES. SC can SIMULTANEOUSLY exercise its power of review with, and INDEPENDENTLY from, the
power to revoke by Congress.
Difference of veto powers of Congress and SC

Judicial Power to Review Congressional Power to Revoke

-through an appropriate proceeding filed by any citizen - may revoke the proclamation or suspension, which
on the ground of lack of sufficient factual basis revocation shall not be set aside by the President
- SC considered information and data available PRIOR - may take into consideration not only data available
or AT THE TIME of declaration prior to, but likewise events SUPERVENING the
declaration
-not allowed to undertake an independent - could probe deeper and further it can delve into the
investigation beyond the pleadings accuracy of the facts presented before it.
-passive, initiated by filings a petition - review mechanism is automatic, in a sense that it may
be activated by Congress itself at any time after the
proclamation or suspension was made.
Totally different and independent from each other but have
Same trajectory which is the nullification of presidential proclamation
Any perceived inaction or default on the part of the Congress does not deprive or deny the court of its
power to review.
4. WON there were sufficient factual basis for the proclamation
of martial law or the suspension of the privilege of writ of habeas
corpus;

a. What are the parameters for review?

Sec 18, Art VII itself sets the parameters for determining the sufficiency of the factual basis for the
declaration of martial law and suspension of privilege of habeas corpus.

PARAMETERS FOR SUFFICIENT FACTUAL BASIS

a. Actual rebellion or invasion

b. Public safety requires it (a and b must concur, if not its declaration must be struck down)
c. There is probable cause for the President to believe that there is actual rebellion or invasion

Rebellion must be understood to have the same meaning as the crime of rebellion in the RPC. To give it a
different definition would not only create confusion but would give the President wide latitude of
discretion which may be abused.

b. Who has the burden of proof?

Note: the Ponente did not discuss the issue on which party lies the burden of proof. He discussed the
burden of proof of required to the President in declaring martial law and suspension of privilege of writ
of habeas corpus which is mere PROBABLE CAUSE.

c. What is the threshold of evidence?

Probable Cause. In determining the existence of rebellion the President needs to convince himself that
there is probable cause or evidence showing that more likely than not a rebellion was committed or is
being committed. To require him to satisfy a higher standard of proof would restrict of his emergency
powers.

5. Whether the exercise of the power of judicial review by the SC

involves the calibration of graduated powers granted the
President as Commander-in-Chief, namely the calling out
powers, suspension of the privilege of writ of habeas corpus, and
declaration of martial law;

NO. The graduated powers of the President as Commander-in-Chief refers only to the hierarchy based on
the scope and effect. It does not in any manner refer to sequence, arrangement, or order to which the
Commander-in-Chief must follow. This is so-called graduation of powers does not dictate or restrict the
manner by which the President decides which power to choose. The power to choose, initially, which
among these extraordinary powers to wield in a given set of conditions is a judgment call on the part of
the President. Furthermore, the President already declared state of Lawless violence in Mindanao.
(Proclamation No. 55, Sept 2016)
 There is no calibrating the Presidents decision in the exercise of judicial review by the SC. To do
so would be tantamount to an inclusion into the exclusive domain of the Executive and an infringement
on the prerogative that solely, at least initially, lies with the President.

6.WON Proclamation No. 216 of 23 May 2017 may be considered

vague and thus null and void;

a.With its inclusion of other rebel groups (void-for-vagueness)

NO. The term other rebel groups in Proclamation No. 216 is not at all vague when viewed in the context
of the words that accompany it. Verily, the text of Proclamation No. 216 refers to other rebel groups
found in the Proclamation No. 55, which it cited by way of reference in its Whereas Clause.

Facial review of Proclamation No. 216 on the grounds of vagueness is unwarranted. Proclamation No. 216
does not regulate speech, religious freedom, and other fundamental rights that may be facially
challenged. What it seeks to penalize is conduct, not speech.

B.Since it has no guidelines specifying its actual operational

parameters within entire Mindanao region;

NO. Operational parameter or guidelines will serve only as mere tools for the implementation of the
proclamation. Besides, the Courts power of judicial review covers only sufficiency of into or data available
at the time of the declaration or suspension.

7. WON the armed hostilities mention in Proclamation No. 216

and in the Report of the President to Congress are sufficient
bases:

a.For the existence of actual rebellion; or

b.For a declaration of martial law or the suspension of the

privilege of writ of habeas corpus in the entire Mindanao region;

YES. Sec 18 Art VII of the Constitution grants the President the discretion to determine the territorial
coverage of martial law and the suspension of the privilege of writ of habeas corpus. He may put the entire
Philippines or only a part thereof under martial law.

In fine it is difficult, if not impossible to fix the territorial scope of martial law in direct proposition
to the range of actual rebellion and public safety simply it has no fixed physical dimensions. Their
transitory and abstract nature defies precise measurements, hence, the determination of the territorial
scope of martial law could be drawn from arbitrary, not fixed variable.

Moreover, the Presidents duty to maintain peace and public safety is not limited only to the place
where there is actual rebellion, it extends to other areas where the present hostilities are in danger if
spilling over. It is not intended merely to prevent the escape of lawless elements from Marawi City, but
also to avoid enemy reinforcements and to cut their supply lines coming from different parts of Mindanao.
Thus, limiting the proclamation and/or suspension to the place where there is actual rebellion would not
only defeat the purpose of declaring martial law, it will make the exercise thereof ineffective and useless.
8. WON terrorism or acts attributable to terrorism are equivalent
to actual rebellion and the requirements of public safety
sufficient to declare martial law or suspend the privilege of the
writ of habeas corpus;

NO. In any case, even assuming that the insurgency in Marawi City can also be characterized as terrorism,
the same will not in any manner affect the Proclamation No. 216. Sec 2 of RA 9372 (Human Security Act
of 2007), expressly provides that nothing in this Act shall be interpreted as a curtailment, restriction or
diminution of constitutionally recognized powers of the executive branch of the government. Thus, as
long as the President complies with all the requirements of Sec 18, Art VII, the existence of terrorism
cannot prevent him from exercising his extraordinary power of proclaiming martial law or suspending the
privilege of writ of habeas corpus.

Besides, there is nothing in Art 134 of RPC and RA 9372 which states rebellion and terrorism are
mutually exclusive of each other or that they cannot co-exist together. RA 9372 does not expressly or
impliedly repeal Art 134 of RPC. And while rebellion is one of the predicate crimes of terrorism, one cannot
absorb the other as they have different elements.

9. WON nullifying Proclamation No. 216 of 23 May 2017 will:

a.Have the effect of recalling Proclamation No. 55 s. 2016

(Declaration of State of National Emergency on account of
Lawless Violence in Mindanao) or;

NO. The SCs ruling in these cases will not, in any way, affect the Presidents declaration of a state of
national emergency on account of lawless violence in Mindanao through Proclamation No. 55.

The Court ruled in Kulayan vs Tan that the Presidents calling out power is in a different category from the
power to suspend the privilege of writ of habeas corpus and the power to declare martial law.
Calling out Power Declaration of Martial law/suspension of
privilege of writ of habeas corpus
Petitioner must have specific injury which it has Locus standi Must be any citizen of the Philippines
suffered or could suffer by virtue of Presidents
exercise of calling out power
Grave abuse of discretion Ground Sufficiency of the factual basis of the
declaration of martial law or the suspension of
the privilege of writ of habeas corpus
Sec 1 and 5 of Art VIII Basis 3rd par Sec 18 of Art VII

b.Also nullify the acts of the President in calling out the armed
forces to quell lawless violence in Marawi and other parts of the
Mindanao region.

NO. The nullification of Proclamation No. 216 would not result in the nullification of the acts of the
President done pursuant thereto. Under the operative fact doctrine, the unconstitutional statute is
recognized as an operative fact before it is declared unconstitutional.